SSDI Trial Work Period in Kansas: A Legal Guide

Social Security Disability Insurance (SSDI) recipients in Kansas often worry that attempting to return to work will result in immediate loss of their benefits. The Trial Work Period (TWP) exists specifically to address this concern, allowing beneficiaries to test their ability to work without jeopardizing their financial security. Understanding how this program operates is essential for anyone receiving SSDI benefits who wants to explore employment opportunities.

What Is the SSDI Trial Work Period?

The Trial Work Period is a work incentive program administered by the Social Security Administration that permits SSDI beneficiaries to work for at least nine months while continuing to receive full disability benefits, regardless of earnings level. This provision recognizes that disabilities can fluctuate and that beneficiaries may want to test their capacity for employment without the immediate risk of losing their only source of income.

During the TWP, the Social Security Administration does not consider your work activity as evidence that your disability has ended. This protection applies even if you earn substantially more than the monthly substantial gainful activity (SGA) threshold, which stands at $1,550 for non-blind individuals and $2,590 for blind individuals in 2024.

Kansas residents receiving SSDI benefits are subject to the same federal TWP rules as beneficiaries in other states. However, understanding how this federal program interacts with Kansas-specific considerations—such as state vocational rehabilitation services and local employment resources—can maximize your success during this transitional period.

How the Trial Work Period Works in Kansas

The TWP consists of a rolling 60-month period during which the Social Security Administration counts any month you earn more than $1,110 (the 2024 threshold) or work more than 80 hours in self-employment as a trial work month. Once you accumulate nine trial work months within this five-year window, your TWP ends.

Important characteristics of trial work months include:

• The nine months do not need to be consecutive
• Any month with earnings above the monthly threshold counts as a trial work month
• You continue receiving full SSDI benefits during all nine months
• The TWP applies only to SSDI, not Supplemental Security Income (SSI)
• Once your TWP is exhausted, you cannot receive another one while on the same period of entitlement

Kansas beneficiaries should maintain detailed records of all work activity and earnings during this period. The Social Security Administration tracks trial work months, but errors can occur. Documentation including pay stubs, tax records, and employer statements can prove invaluable if disputes arise regarding how many trial work months you have used.

After the Trial Work Period Ends

When your nine trial work months are exhausted, you enter what the Social Security Administration calls the Extended Period of Eligibility (EPE), which lasts for 36 months. During the EPE, your work activity and earnings determine whether you receive benefits each month.

If your monthly earnings exceed the SGA level during the EPE, the Social Security Administration will terminate your benefits. However, you receive a three-month grace period after the TWP ends, during which you continue receiving benefits regardless of your earnings. These three months can occur consecutively or separately during the 36-month EPE.

For Kansas residents, this means careful earnings management becomes critical. If you can structure your work schedule or income to remain below SGA thresholds during certain months, you may receive benefits for those months. This flexibility can be particularly valuable for individuals whose disabilities cause variable work capacity.

After the 36-month EPE concludes, any month in which you perform substantial gainful activity will generally result in benefit termination. However, if you stop working or your earnings fall below SGA levels within five years of benefit termination, you can request expedited reinstatement of benefits without filing a new application.

Kansas-Specific Considerations and Resources

While TWP rules are federally mandated, Kansas beneficiaries should be aware of state resources that can support successful return-to-work efforts. The Kansas Department for Children and Families operates vocational rehabilitation programs that can provide job training, placement assistance, and counseling services to individuals with disabilities.

Kansas Work Incentive Networks offers benefits counseling to help SSDI recipients understand how employment affects their benefits. These specialists can perform detailed calculations showing exactly how work income will impact your SSDI payments, Medicare coverage, and potential eligibility for other assistance programs.

Additionally, Kansas beneficiaries should understand that Medicare coverage continues for at least 93 months after the TWP ends, even if cash benefits terminate due to substantial gainful activity. This extended Medicare protection provides crucial health insurance security while testing long-term employment viability.

Common Mistakes to Avoid During Your Trial Work Period

Many Kansas SSDI beneficiaries make preventable errors that complicate their return-to-work efforts. Failing to report work activity promptly to the Social Security Administration represents the most common mistake. You must report any work activity and changes in earnings, even during the TWP when work does not affect benefit payment amounts.

Another frequent error involves misunderstanding when the TWP begins. Some beneficiaries believe the TWP starts when they notify Social Security of work activity, but it actually begins the first month your earnings exceed the trial work month threshold, regardless of whether you reported it.

Neglecting to keep detailed financial records creates problems if disputes arise about trial work month usage or earnings levels. Kansas beneficiaries should maintain comprehensive documentation including:

• All pay stubs and direct deposit records
• Written job descriptions and work schedules
• Records of work-related expenses if self-employed
• Communications with Social Security representatives
• Medical documentation of ongoing impairments

Finally, some beneficiaries assume that working during the TWP means their disability has improved sufficiently for permanent employment. The TWP exists precisely because disabilities can be unpredictable. If work attempts during or after the TWP prove unsuccessful, you retain certain protections and reinstatement rights.

Protecting Your Rights as a Kansas SSDI Beneficiary

The Trial Work Period provides valuable opportunities but also creates complex scenarios where benefits could be incorrectly terminated or miscalculated. Kansas beneficiaries who receive notices of benefit suspension or termination have appeal rights that must be exercised within strict timeframes—typically 60 days from receiving the notice.

If you disagree with a Social Security Administration decision regarding your trial work months, SGA determination, or benefit continuation, you can request reconsideration and, if necessary, a hearing before an administrative law judge. Kansas hearings occur at Social Security hearing offices in Wichita, Overland Park, and Topeka.

Working with professionals who understand both SSDI work incentives and Kansas-specific employment landscapes can mean the difference between successful return to work and loss of crucial benefits. The intersection of federal disability law, employment regulations, and state resources requires careful navigation to protect your financial security while pursuing employment goals.

Need Help? If you have questions about your case, call or text 833-657-4812 for a free consultation with an experienced attorney.

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